1. Dealers agree that access to the Dealers Room outside of business hours is restricted to selected Ramencon Staff and individuals wearing special Dealers badges. Dealers agree that access to the Dealers Room outside of Ramencon's approved venue hours is restricted to selected Ramencon Staff. Dealers also acknowledge that no individual will be allowed to sell merchandise without a Dealers badge.
2. Dealers understand that the only place Dealers are authorized to conduct business during Ramencon is their contracted booth(s) inside the Dealers Room. Any sale of merchandise by Dealers outside the Dealers Room without the express written consent of Ramencon shall be grounds to consider the Dealer in default of this Contract.
3. Dealers understand that space in the Dealers Room shall be confirmed and registered only when full payment and this signed Contract are received by Ramencon Department Head. The final cost of all Dealers Room Space is determined by the postmarked date of the final and full remittance. NSF checks will be charged a $35 processing fee and another form of payment must be used such as a money order, cash, or credit card.
4. The rental fee for each booth in the Dealers Room is described under "in the email sent out." Rental fees are refundable, less a 50% cancellation charge, provided that Ramencon receives written notice of intent to cancel no fewer than 21 days prior to the first day of Ramencon. Rental fees shall not be refundable under any circumstances, excepting terms listed within this section and as are otherwise provided in this Contract.
5. Dealers must move into their assigned space in the Dealers Room at least 30 minutes before the stated opening of Ramencon to the public. In the event that Dealers fail to occupy the space, Ramencon shall have the right, without notice to Dealers, to use the unoccupied space to suit its own convenience, including renting said space to another Dealer without rebate or allowance due to the defaulting Dealer.
6. Ramencon assumes no responsibility for including the name of Dealers, or descriptions of its products or services, in the Ramencon Program Book, brochures, news releases, or other materials stated herein, and Dealers hereby irrevocably grant Ramencon the right to use their name logo, and descriptions of Dealers' products and services in any electronic or printed mediums used by Ramencon to promote Ramencon.
7. Dealers shall not sublet or assign any portion of their rented space in the Dealers Room without the prior written consent of Ramencon. Dealers understand that it is required to clearly and openly state the identity and purpose of any organization assigning or subletting any portion of the rented space in the Dealers information section of this Contract. In addition, Dealers agree to be responsible for all activities or actions of any party subletting or otherwise assigned the space by Dealers. If prior written consent from Ramencon is obtained, Dealers agree to not sublet or assign any portion of their rented space beyond a one (1), eight (8) foot by eight (8) foot space. Finally, Ramencon reserves the right to disallow or demand the ejection of any subleasing or assigning organization from the Dealers Room without notice to Dealers.
8. Dealers shall be responsible for obtaining all documentation (licenses, permits, approvals, etc.) required by law, and by Ramencon, applicable to its activities at Ramencon. Failure to produce said documentation upon request by Ramencon Staff shall be grounds for default of this Contract by Dealers, and cause for immediate ejection from Dealers Room.
9. Dealers shall be responsible for collecting, reporting, and remitting Indiana sales tax for any items or merchandise sold by Dealers at Ramencon, and agree to indemnify and hold Ramencon harmless in any action arising from Dealers' failure, to collect, report, and remit Indiana sales tax for goods sold by Dealers at Ramencon.
10. If Dealers use their own displays, Dealers agree to be responsible for arranging and paying for all transfer and storage fees, all labor and equipment rental necessary to assemble and dismantle said display, and all costs related to moving said display in and out of the Dealers Room and the Ramencon site.
11. Dealers shall provide receipts for any and all sales made by Dealers at Ramencon. Dealers understand that failure to provide a receipt with all sales will render inconclusive any accusations of retail theft made by Dealers against a suspected shoplifter, unless Dealer has some other means to mark a sale if a receipt is not given.
12. Dealer is prohibited from selling, or making otherwise available certain kinds of merchandise ("Barred Merchandise") at Ramencon. If Dealer is found with any examples of the Barred Merchandise listed below, Dealer will be asked once to remove all Barred Merchandise from its inventory (this includes any additional items from the list that were not the subject of the initial complaint.). Any subsequent violations by Dealer following the initial warning by Ramencon will result in immediate ejection of Dealer from the Dealers Room, and shall constitute grounds for Dealer's default of this Contract.
Examples of Barred Merchandise shall include, but are not limited to:
~ SonMay (SM) CDs, Golden Apple CDs, Ever Anime A8, Ever Anime GM, and Ever Anime Best Song Collections CDs, Golden Anime CDs, GGG Anime Soundtrack CDs, Game Music brand CDs.
~ ANY Pins, Wall Scrolls, Models (Resin or Vinyl kits), Decals, Stickers and Posters which are not properly marked and labeled with the appropriate copyright information.
~ ANY Final Fantasy and Kingdom Hearts Blades, Gun Blades, Buster Blades, Buster Swords, Key Blades, Key Swords, and Swords.
~ ANY Airsoft ammo, BBs, or pellets.
~ ANY themed apparel from an unlicensed work (hats, headbands, etc.).
~ ANY goods or services deemed illegal under the laws of the United States of America, the State of Indiana, the City of Merrillville, Indiana, and International Copyright Law.
~ ANY paraphernalia that may be used for illegal substances (glass pipes, water pipes, etc.)
13. Dealers agree that the sale of all weapons will be restricted to persons of age 18 or older and that they are responsible for verification of age before any sale. Dealers also agree to wrap the sold item securely and will notify purchaser that they must take any weapons directly to their hotel room or vehicle, upon exit of the Dealers Room. Ramencon reserves the right to ban or restrict the sale of weapons or weapon-like merchandise at any time during Ramencon. Failure to comply with this rule will result in immediate expulsion of the offending Dealers from the Dealers Room.
14. Dealers agree that the handling, viewing, and sale of adult-themed merchandise will be restricted to persons of age 18 or older and that they are responsible for verification of age before any sale. Dealers also agree to bag/package said merchandise in an opaque bag upon sale. In addition, adult-themed merchandise must be displayed in a manner that restricts access from the general public. Ramencon reserves the right to ban or restrict the sale of adult-themed merchandise at any time during Ramencon. Failure to comply with this rule will result in immediate expulsion of the offending Dealers from the Dealers Room.
15. Dealers agree to fully disclose all merchandise types on the Dealer Application and understand that Dealers' failure to disclose restricted item types (weapons, weapon reproductions, or adult-themed merchandise) on the Dealer Application will result in Dealers not being permitted to sell those items at Ramencon.
16. Dealers agree that all demonstrations, displays, and all other vendor-sponsored activities will be confined to the limits of Dealers' booth. Aisles may not be obstructed at any time, nor are there to be any activities that may result in congestion of aisle traffic.
17. Dealers understand that no mechanical, electrical, or other apparatus will be allowed to create noise or otherwise interfere with other exhibitors in any way as solely determined by Ramencon Staff. Dealers agree that no generator that supplies electrical power will be permitted in the hall. Failure of Dealers to regulate such apparatuses when so asked by Ramencon Staff will result in Dealers being ejected from the Dealers Room.
18. Dealers understand that no one is allowed in the Dealers Room after hours. All needed items must be taken out with the Dealer before the Dealers Room closes. Dealers will be granted a specified period of time prior to and after the operating hours of the Dealers Room for restocking and general booth maintenance.
19. Ramencon reserves the right to require Dealers to remove items from public display and or sale if they are deemed unsuitable to the standards set by Ramencon.
20. Ramencon reserves the right to refuse to rent booths to Dealers. In the event that this occurs, Dealers will be notified at least thirty (30) days before the first day of Ramencon, and is entitled to a full refund of the rental fee.
21. Ramencon reserves the right to rearrange booths and Dealer location within the Dealers Room at the discretion of Ramencon. Ramencon decisions regarding Dealers' space shall be final and binding.
22. Dealers recognize that ultimate approval of any and all displays or merchandise is subject to Ramencon's discretion, and any decisions so rendered are binding and final.
23. Dealers recognize that beyond this Contract, all memberships to Ramencon, regardless of status (attendee or Dealer), are subject to the listed rules and regulations governing attendance and membership of Ramencon (see Program Guide for list of attendee rules and regulations).
24. Dealers agree to be responsible for, indemnify, and hold Ramencon and its officers, employees, agents, affiliates and representatives harmless from any and all claims of any nature, losses, damages, costs, expenses (including attorneys fees), personal injury, death, and/or any other claims arising from or relating to any act or omission by the Dealers or his/her property, agents, representatives or employees in contravention of its obligations under this Contract or any applicable law governing Dealers' activities at Ramencon.
25. Dealers agree to be responsible for, indemnify, and hold Ramencon, its officers, employees, agents, affiliates and representatives harmless in case of theft of Dealers' property both during business hours and after hours.
~ Dealers understand that in the event that Ramencon shall be held liable for any reason that might result from Dealers' action or failure to act, said Dealers agree to reimburse Ramencon for all resulting costs and liability resulting, including reasonable attorneys fees. Ramencon reserves the right to close Dealer's exhibit whenever it is deemed necessary by Ramencon for the safety or comfort of those attending Ramencon; whenever Dealer's exhibit, activity or material sold is determined by Ramencon to be objectionable or offensive to the average person attending Ramencon; whenever legal conditions, convention policies, or requirements of Century Center so dictate; and whenever portions of Century Center are destroyed or damaged. Likewise, Ramencon reserves the right to cancel arrangements, contracts, or exhibits if Ramencon fails to take place as scheduled, is interrupted and/or discontinued, or access to the premises is prevented or interfered with by reason of any strike, lockout, act of war, act of God, emergency declared by a government agency or Ramencon Event Management, or for any other reason that terminates this Contract. In the event of such termination, Dealers agree to waive all claims of damages and agree that the sole liability of Ramencon shall be the display space rental fee paid, less a pro rata portion of all costs and expenses incurred and committed to by Ramencon.
26. No course of dealing or failure of any party to enforce strictly any term of this Contract shall be construed as a waiver of such term, or shall deprive the party of the right thereafter to strictly enforce such term.
27. If any part of this Contract is held unenforceable or invalid or prohibited under law, it shall be stricken from this Contract and shall not affect the enforceability of the other parts of this Contract.
28. The attached Dealers Application, by this reference, is hereby incorporated in and made a part of this Contract.
29. This Contract shall be interpreted in accordance with the laws of the State of Indiana.
~ Dealers agree that all matters and questions not covered by this Contract are subject to the discretion of the Ramencon Exhibitor Management. Dealers agree to abide by and conform to all additional rules and regulations as are adopted or prescribed by Ramencon for the management of Ramencon and the Dealers Room. Dealers acknowledge that they have read this Contract, and expressly agree to abide by the terms and conditions set forth herein. Dealers' failure to read this Contract prior to signing shall constitute grounds for default. Dealers acknowledge the right of Ramencon to revoke this Contract in the event the Dealer is found in default of any terms or conditions set forth herein. In the event of default by the Dealer, Ramencon may do any or all of the following: a) Provide a prorated refund of the cost of the booth(s) and/or "Dealer" badges. b) Require the Dealer to remove any and all merchandise from his/her booth(s). c) Confiscate any "Dealer" badges issued to the Dealer. d) Deem any "Dealer" badges issued to that Dealer to be null and void. e) Ban the Dealer from any other events sponsored by Ramencon.